No-Win, No-Fee

Pedestrian Accident Claims

Claiming personal injury compensation if you are a pedestrian that has been involved in an accident with a car is possible by making a motor vehicle personal injury compensation claim, also known as a CTP claim.

It is not unheard of for pedestrians to be the secondary victims of car accidents, injured by negligent drivers riding up onto the kerb, being hit by intoxicated drivers or being injured when a car fails to give way at the lights or a pedestrian crossing. In fact, most circumstances require by law for motorists to look out for pedestrians, and because of this, when there is a car and pedestrian accident, the motorist will most likely be determined to be liable.

Pedestrians are exceptionally vulnerable road users. With no seatbelts, airbags or any other safety features that are available for motorists, pedestrians can be critically injured even in a minor accident. At Revolution Law, our personal injury lawyers have the expertise and experience to confidently make a pedestrian accident claim to obtain you the compensation that you deserve.

As a pedestrian, you have the right to walk without being injured by a motor vehicle and we will be with you every step of the way, handling your claim with sensitivity and awareness of how it has impacted your life.

Steps to Take if You Have Been Injured as a Pedestrian

It is important that after an accident, and if you are capable of doing so, you move to a safe location away from other traffic. If you or anyone else has been critically injured or if anyone is trapped, then you or a witness will need to call 000 and seek assistance. In some cases, you may be hospitalised and you may receive a visit from police to record and report the incident.

In other circumstances where you do not need to seek medical treatment straight away, then it is important to:

  1. Exchange details with the at-fault driver.
  2. Obtain details of any witnesses.
  3. Record down what happened and take photos of the accident.
  4. If police attend the scene, make a statement.
  5. Report the accident to the police.

It is also important that you make an appointment with your doctor to determine what type of rehabilitation or treatment will most suitably help you recover from your injuries. We will be able to obtain funding to cover the cost of the medical expenses required to recover, so make sure you contact our expert personal injury lawyers to take the stress and hassle out of your claim and obtain the compensation you deserve and require

Frequently Asked Questions About Pedestrian Accident Claims

Here are some of our most commonly asked questions when it comes to personal injury claims for pedestrian incidents. If you have a question which hasn’t been answered here, please don’t hesitate to give us a call. We are available on (07) 3416 4999, you can send us a text on 0424 040 474 or email us at info@revolutionlaw.com.au to speak to a personal injury lawyer about your pedestrian accident claim.

Who will pay for my compensation?

A pedestrian accident claim is made against the CTP insurer of the vehicle that caused the accident, not against the other driver personally. Even if you were partially at fault, you may still be eligible to make a CTP claim, but your compensation may be reduced.

In Queensland, CTP insurance is built into the registration of every vehicle. So if you have been injured by a vehicle that is registered at the time of the accident, then your injury will be compensated by the motorist’s chosen CTP insurer.

A common misconception that we regularly see is people not believing they are entitled to make a personal injury claim, or even worse, they don’t wish to make a claim because they feel there is a negative stigma attached to it. Every driver in Queensland has to pay to have this injury protection policy for their vehicle, and consequently, insurers have a vast premium pool of which they draw huge profits from. The CTP insurance scheme is designed to protect at-fault drivers by providing compensation to the injured victim. It is your right to claim, and the only person that will be negatively affected by not claiming is you.

Don’t worry if the at-fault car is unregistered or if you have been injured in a hit and run, as you will still be able to make a personal injury claim however it will be against the Nominal Defendant as opposed to a CTP insurer.

Will I need evidence?

We will need to prove that firstly the incident occurred and secondly that you were not at fault for the accident and that the motorist violated their duty to pedestrians. Even if you were partially at fault, you may still be eligible to make a CTP claim, but your compensation may be reduced.

The motorist may claim that you were, in fact, responsible for the accident, therefore any evidence that we are able to obtain will be useful in building your case and contradicting any negative allegations about you as the pedestrian being liable. Useful evidence includes witness statements, police reports, CTV camera footage and photos of the accident site.

My child has been in a pedestrian accident. Are they entitled to make a personal injury claim?

Children are classified as 17 years of age and under in criminal proceedings, however, many insurance policies list the adult age as 18 years. In the unfortunate event of a child being injured, the child’s guardian can make a common law claim on their child’s behalf for compensation.

Permanent injuries can have a lasting and significant effect on a child’s life. The purpose of compensation is to minimise financial hardship and to cover various heads of damages such as:

  • Loss or reduction of income as a result of inability or reduced ability to work;
  • Pain and suffering;
  • Treatment and rehabilitation;
  • The need for someone to provide care in the home or in the community; and,
  • Out of pocket expenses both for now and in the future

It is important to speak to a specialist in personal injury law to determine whether your child has a personal injury claim through no fault of their own, or even when they are partially at fault.

If you need to speak to a pedestrian accident lawyer that can talk to you, parent to parent, then you will want to speak to us. We will answer any queries or concerns at a completely obligation-free consultation.

How much compensation for my injury will I receive?

Every pedestrian accident claim is different and is assessed individually. A compensation figure estimate is not possible until well into the claim when all the evidence has been gathered and the extent of the injury has been established. Any lawyer that does provide you with an estimate is simply taking a wild stab in the dark and may potentially be telling you what you want to hear with the hope of signing you up.

There are five main heads of damages which are considered in a compensation claim and these include:

  • Loss or reduction of income as result of inability or reduced ability to work;
  • Pain and suffering;
  • Treatment and rehabilitation;
  • The need for someone to provide care in the home or in the community; and,
  • Out of pocket expenses both for now and in the future

Each of these heads of damages bear a different weight of worth regarding compensation. For example, loss or reduction of current and future income is weighted more than pain and suffering. Your pedestrian accident lawyer from Revolution Law will know how to condense your evidence and advocate expertly on your behalf to obtain the maximum amount of compensation for each head of damage.

How much will my legal fees be?

Due to the nature of personal injury and pedestrian accident claims, it can be difficult to establish exactly what your legal fees are at the beginning of a claim because a range of factors will come into play. But no matter the law firm, all personal injury No Win-No Fee arrangements are subject to the 50/50 rule. This rule stipulates that the maximum fee that a law firm can charge personal injury clients including GST is 50% of the settlement amount after refunds and outlays have been deducted. But this does not automatically mean we will take 50% of your settlement – it just puts a cap on what we can, which helps prevent rogue law firms from putting clients in a worse position after making a claim.

In comparison to many other big name personal injury law firms, our lawyers’ hourly rates are significantly lower. Further to this, we have excellent systems in place to ensure that our lawyers and team are working efficiently.

Our fee policy also guarantees no uplift fee, which many of our competitors do charge on the successful completion of a claim. This additional 25% in fees is to consolidate the firm for taking the financial risk on your matter, but we don’t charge this additional fee because we are in the business of winning, and we are confident in our expertise as pedestrian accident lawyers.

Our No Win-No Fee policy is of zero risk to our clients. If we don’t win your matter, then you get to walk away from the claim with no strings attached. If we have paid for any outlays such as medical appointments and reports on your behalf, then you do not need to worry about reimbursing us. It’s zero risk – exactly the way it should be.

24/7 PHONE:

(07) 3416 4999 or 1800 REV LAW

ADDRESS:

254 Kingston Rd, Slacks Creek QLD 4127

EMAIL:

info@revolutionlaw.com.au